Republic Act 7305

Magna Carta of Public Health Workers

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Republic Act 7305
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Public Health Workers."

SEC. 2. Declaration of the Policy. - The State shall instill health consciousness among our
people to effectively carry out the health programs and projects to the government essential for
the growth and health of the nation. Towards this end, this Act aims:

(a) to promote and improve the social and economic well-being of the health workers, their
living and working conditions and terms of employment;

(b) to develop their skills and capabilities in order that they will be more responsive and better
equipped to deliver health projects and programs; and

(c) to encourage those with proper qualifications and excellent abilities to join and remain in
government service.

SEC. 3. Definition. - For purposes of this Act, "health workers" shall mean all persons who are
engaged in health and health-related work, and all persons employed in all hospitals, sanitaria,
health infirmaries, health centers, rural health units, barangay health stations, clinics and other
health-related establishments owned and operated by the Government or its political
subdivisions with original charters and shall include medical, allied health professional,
administrative and support personnel employed regardless of their employment status.

SEC. 4. Recruitment and Qualification. - Recruitment policy and minimum requirements with
respect to the selection and appointment of a public worker shall be developed and
implemented by the appropriate government agencies concerned in accordance with policies
and standards of the Civil Service Commission: Provided, That in the absence of appropriate
eligibles and it becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to the person who meets all the requirements for the position to
which he/she is being appointed except the appropriate civil service eligibility: Provided, further,
That such temporary appointment shall not exceed twelve (12) months nor be less than three
(3) months renewal thereafter but that the appointee may be replaced sooner if (a) qualified civil
service eligible becomes available, or (b) the appointee is found wanting in performance or
conduct befitting a government employee.

SEC. 5. Performance Evaluation an Merit Promotion. - The Secretary of Health, upon

consultation with the proper government agency concerned and the Management-Health
Workers’ Consultative Councils, as established under Section 33 of this Act, shall prepare a
uniform career and personnel development plan applicable to all public health personnel. Such
career and personnel development plan shall include provisions on merit promotion,
performance evaluation, inservice training grants, job rotation, suggestions and incentive award
system.

The performance evaluation plan shall consider foremost the improvement of individual
employee efficiency and organizational effectiveness: Provided, That each employee shall be
informed regularly by his/her supervisor of his/her performance evaluation.

The merit promotion plan shall be in consonance with the rules of the Civil Service Commission.

SEC. 6. Transfer or Geographical Reassignment of Public health Workers.

(a) a transfer is a movement from one position to another which is of equivalent rank, level
or salary without break in service;

(b) a geographical reassignment, hereinafter referred to as "reassignment," is a movement

from one geographical location to another; and

(c) a public health worker shall not be transferred and or reassigned, except when made in
the interest of public service, in which case, the employee concerned shall be informed of the
reasons therefore in writing. If the public health worker believes that there is no justification for
the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service
Commission, which shall cause his/her reassignment to be held in abeyance; Provided, That no
transfer and/or reassignment whatsoever shall be made three (3) months before any local or
national elections: Provided, further, That the necessary expenses of the transfer and/or
reassignment of the public health worker and his/her immediate family shall be paid for the
Government.

SEC. 7. Married Public Health Workers. - Whenever possible, the proper authorities shall take
steps to enable married couples, both of whom are public health workers, to be employed or
assigned in the same municipality, but not in the same office.

SEC. 8. Security of Tenure. - In case of regular employment of public health workers, their
services shall not be terminated except for cause provided by law and after due process:
Provided, That if a public health workers is found by the Civil Service Commission to be unjustly
dismissed from work, he/she shall be entitled to reinstatement without loss of seniority rights
and to his/her back wages with twelve percent (12%) interest computed from the time his/her
compensation was withheld from his/her up to time of reinstatement.

SEC. 9. Discrimination Prohibited. - A public worker shall not be discriminated against with
regard to gender, civil status, civil status, creed, religious or political beliefs and ethnic groupings
in the exercise of his/her profession.

SEC. 10. No Understaffing/Overloading of Health Staff. - There shall be no understaffing or

overloading of public health workers. The ratio of health staff to patient load shall be such as to
reasonably effect a sustained delivery of quality health care at all times without overworking the
public health worker and over extending his/her duty and service. Health students and
apprentices shall be allowed only for purposes of training and education.

In line with the above policy, substitute officers or employees shall be provided in place of
officers or employees who are on leave for over three (3) months. Likewise, the Secretary of
Health or the proper government official shall assign a medico-legal officer in every province.

In places where there is no such medico-legal officer, rural physicians who are required to
render medico-legal services shall be entitled to additional honorarium and allowances.

SEC. 11. Administration Charges. - Administrative charges against a public health worker shall
be heard by a committee composed of the provincial health officer of the province where the
public health worker belongs, as chairperson, a representative of any existing national or
provincial public health workers’ organization or in its absence its local counterfeit and a
supervisor of the district, the last two (2) to be designated by the provincial health officer
mentioned above. The committee shall submit its findings and recommendations to the
Secretary of Health within thirty (30) days from the termination of the hearings. Where the
provincial health officer is an interested party, all the members of the committee shall be
appointed by the Secretary of Health.

SEC. 12. Safeguards in Disciplinary Procedures - In every disciplinary proceeding, the public
health worker shall have;

(a) the right to be informed, in writing, of the charges;

(b) the right to full access to the evidence in the case;

(c) the right to defend himself/herself and to be defended by a representative of his/her

choice and/or by his/her organization, adequate time being given to the public health worker for
the preparation of his/her defense;

(d) the right to confront witnesses presented against him/her and summon witnesses in
his/her behalf;

(e) the right to appeal to designated authorities;

(f) the right to reimbursement of reasonable expenses incurred in his/her defense in case of
exoneration or dismissal of the charges; and

(g) such other rights as will ensure fairness and impartiality during proceedings.

SEC. 13. Duties and Obligations. - The public health workers shall:

(a) discharge his/her duty humanely wit conscience and dignity;

(b) perform his/her duty with utmost respect for life; and race, gender, religion, nationality,
party policies, social standing or capacity to pay.

SEC. 14. Code of Conduct. - Within six (6) months from the approval of this Act, the Secretary
of Health, upon consultation with other appropriate agencies, professional and health workers’
organization, shall formulate and prepare a Code of Conduct for Public Health Workers, which
shall be disseminated as widely as possible.

SEC. 15. Normal Hours of Work. - The normal of wok of any public health worker shall not
exceed eight (8) hours a day or forty (40) hours a week. Hours worked shall include:

(a) all the time during which a public health worker is required to be on active duty or to be at a
prescribed workplace; and

(b) all the time during which a public health worker is suffered or permitted to work. Provided,
That the time when the public health worker is place on "On Call" status shall not be considered
as hours worked but shall entitled the public health worker to an "On Call" pay equivalent to fifty
percent (50%) of his/her regular wage. "On Call" status refers to a condition when public health
workers are called upon to respond to urgent or immediate need for health/medical assistance
or relief work during emergencies such that he/she cannot devote the time for his/her own use.

SEC. 16. Overtime Work. - Where the exigencies of the service so require, any public health
worker may be required t render, service beyond the normal eight (8) hours a day. In such a
case, the workers shall be paid an additional compensation in accordance with existing laws
and prevailing practices.

SEC. 17. Work During Rest Day. -

(a) Where a public health worker is made to work on his/her schedule rest day, he/she shall
be paid an additional compensation in accordance with existing laws; and

(b) Where a public health worker is made to worm on any special holiday he/she shall be
paid an additional compensation in accordance with existing laws. Where such holiday work
falls on the workers’ scheduled rest day, he/she shall be entitled to an additional compensation
as may be provided by existing laws.
SEC. 18. Night-Shift Differential. -

(a) Every public health worker shall be paid night-shift differential of ten percent (10%) of
his/her regular wage for each hour of work performed during the night-shifts customarily
adopted by hospitals.

(b) Every health worker required to work on the period covered after his/her regular
schedule shall be entitled to his/her regular wage plus the regular overtime rate and an
additional amount of ten percent (10%) of such overtime rate for each hour of work performed
between ten (10) o’clock in the evening to six (6) o’clock in the morning.

SEC. 19. Salaries. - In the determination of the salary scale of public health workers, the
provisions of Republic Act No. 6758 shall govern, except that the benchmark for Rural Health
Physicians shall be upgraded to Grade 24.

(a) Salary Scale - Salary Scales of public health workers shall be provided progression:
Provided, That the progression from the minimum to maximum of the salary scale shall not
extend over a period of ten (10) years: Provided, further, That the efficiency rating of the public
health worker concerned is at least satisfactory.

(b) Equality in Salary Scale - The salary scales of public health workers whose salaries are
appropriated by a city, municipality, district, or provincial government shall not be less than those
provided for public health workers of the National Government: Provided, That the National
Government shall subsidize the amount necessary to pay the difference between that received
by nationally-paid and locally-paid health workers of equivalent positions.

(c) Salaries to be Paid in Legal Tender. - Salaries of public health workers shall be paid in
legal tender of the Philippines or the equivalent in checks or treasury warrants: Provided,
however, That such checks or treasury warrants shall be convertible to cash in any national,
provincial, city or municipal treasurer’s office or any banking institution operating under the laws
of the Republic of the Philippines.

(d) Deductions Prohibited - No person shall make any deduction whatsoever from the
salaries or public health workers except under specific provision of law authorizing such
deductions: Provided, however, That upon written authority executed by the public health worker
concerned, (a) lawful dues or fees owing to any organization/association where such public
health worker is an officer or member, and (b) premium properly due all insurance policies,
retirement and medicare shall be considered deductible.

SEC. 20. Additional Compensation. - Notwithstanding Section 12 of Republic Act No. 6758,
public workers shall received the following allowances: hazard allowance, subsistence
allowance, longevity pay, laundry allowance and remote assignment allowance.
SEC. 21. Hazard Allowance. - Public health worker in hospitals, sanitaria, rural health units,
main centers, health infirmaries, barangay health stations, clinics and other health-related
establishments located in difficult areas, strife-torn or embattled areas, distresses or isolated
stations, prisons camps, mental hospitals, radiation-exposed clinics, laboratories or
disease-infested areas or in areas declared under state of calamity or emergency for the
duration thereof which expose them to great danger, contagion, radiation, volcanic
activity/eruption occupational risks or perils to life as determined by the Secretary of Health or
the Head of the unit with the approval of the Secretary of Health, shall be compensated hazard
allowance equivalent to at least twenty-five percent (25%) of the monthly basic salary of health
workers receiving salary grade 19 and below, and five percent (5%) for health workers with
salary grade 20 and above.

SEC. 22. Subsistence Allowance. - Public health workers who are required to render service
within the premises of hospitals, sanitaria, health infirmaries, main health centers, rural health
units and barangay health stations, or clinics, and other health-related establishments in order
to make their services available at any and all times, shall be entitled to full subsistence
allowance of three (3) meals which may be computed in accordance with prevailing
circumstances as determined by the Secretary of Health in consultation with the Management
Health Workers’ Consultative Councils, as established under Section 33 of this Act: Provided,
That representation and travel allowance shall be given to rural health physicians as enjoyed by
municipal agriculturists, municipal planning and development officers and budget officers.

SEC.23. Longevity Pay. - A monthly longevity pay equivalent to five percent (5%) of the monthly
basic pay shall be paid to a health worker for every five (5) years of continuous, efficient and
meritorious services rendered as certified by the chief of office concerned commencing with the
service after the approval of this Act.

SEC. 24. Laundry Allowance. - All public health workers who are required to wear uniforms
regularly shall be entitled to laundry allowance equivalent to one hundred twenty-five pesos
(P125.00) per month: Provided, That this rate shall be reviewed periodically and increased
accordingly by the Secretary of Health in consultation with the appropriate government agencies
concerned taking into account existing laws and prevailing practices.

SEC. 25. Remote Assignment Allowance. - Doctors, dentists, nurses, and midwives who accept
assignments as such in remote areas or isolated stations, which for reasons of far distance or
hard accessibility such positions had not been filed for the last two (2) years prior to the
approval of this Act, shall be entitled to an incentive bonus in the form of remote assignment
allowance equivalent to fifty percent (50%) of their basic pay, and shall be entitled to
reimbursement of the cost of reasonable transportation to and from and during official trips.

In addition to the above, such doctors, dentists, nurses, and midwives mentioned in the
preceding paragraph shall be given priority in promotion or assignment to better areas. Their
tour of duties in the remote areas shall not exceed two (2) years, except when there are no
positions for their transfer or they prefer to start in such posts in excess of two (2) years.

SEC. 26. Housing. - All public health workers who are in tour of duty and those who, because of
unavoidable circumstances are forces to stay in the hospital, sanitaria or health infirmary
premises, shall entitles to free living quarters within the hospital, sanitarium or health infirmary or
if such wuarters are not available, shall receive quarters allowance as may be determined by
the Secretary of Health and other appropriate government agencies concerned: Provided, That
this rate shall be reviewed periodically and increased accordingly by the Secretary of Health in
consultation with the appropriate government agencies concerned.

For purposes of this Section, the Department of Health is authorized to develop housing
projects in its own lands, not otherwise devoted for other uses, for public health workers, in
coordination with appropriate government agencies.

SEC. 27. Medical Examination. - Compulsory medical examination shall be provided free of
charge to all public health workers before entering the service in the Government or its
subdivisions and shall be repeated once a year during the tenure of employment of all public
health workers: Provided, That where medical examination shows that medical treatment and/or
hospitalization is necessary for those already in government service, the treatment and/or
hospitalization including medicines shall be provided free either in a government or a private
hospital by the government entity paying the salary of the health worker: Provided, further, That
the cost of such medical examination and treatment shall be included as automatic
appropriation in said entity’s annual budget.

SEC. 28. Compensation of Injuries. - Public health workers shall be protected against the
consequences of employment injuries in accordance with existing laws. Injuries incurred while
doing overtime work shall be presumed work-connected.

SEC. 29. Leave Benefits for Public Health Workers. - Public health workers are entitled to such
vacation and sick leaves as provided by existing laws and prevailing practices: Provided, That in
addition to the leave privilege now enjoyed by public health, women health workers are entitled
to such maternity leaves provided by existing laws and prevailing practices: Provided, further,
That upon separation of the public health workers from services, they shall be entitled to all
accumulated leave credits with pay.

SEC. 30. Highest Basic Salary Upon Retirement - Three (3) prior to the compulsory retirement,
the public health worker shall automatically be granted one (1) salary range or grade higher
than his/her basic salary and his/her retirement benefits thereafter, computed on the basis of
his/her highest salary: Provided, That he/she has reached the age and fulfilled service
requirements under existing laws.

SEC. 31. Right to Self-Organization. - Public health workers shall have the right to freely from,
join or assist organizations or unions for purposes not contrary to law in order to defend and
protect their mutual interests and to obtain redness of their grievances through peaceful
concerned activities.

However, meanwhile the State recognizes the right of public health workers to organize or join
organization, public health workers on-duty cannot declare, stage or join any strike or cessation
of their service to patients in the interest of public health, safety or survival of patients.

SEC. 32. Freedom from Interference or Coercion. - It shall be unlawful for any person to commit
any of the following acts of interference or coercion:

(a) to require as a condition of employment that a public health worker shall not join a health
workers’ organization or union or shall relinquish membership therein;

(b) to discriminate in regard to hiring or tenure of employment or any item or condition of

employment in order to encourage or discourage membership in any health workers’
organization or union;

(c) to prevent a health worker from carrying out duties laid upon him/her by his/her position
in the organization or union, or to penalize him/her for the action undertaken in such capacity;

(d) to harness or interfere with the discharge of the functions of the health worker when
these are calculated to intimidate or to prevent the performance of his/her duties and
responsibilities; and

(e) to otherwise interfere in the establishment, functioning, or administration of health

workers organization or unions through acts designed to place such organization or union under
the control of government authority.

SEC. 33. Consultation With Health Worker’s Organization. - In the formulation of national
policies governing the social security of public health workers, professional and health workers,
organizations or unions as well as other appropriate government agencies concerned shall be
consulted by the Secretary of Health. For this purpose, Management Health Worker’s
Consultative Councils for national, regional and other appropriate levels shall be established
and operationalized.

SEC. 34. Health Human Resource Development/Management Study. - The Department of

Health shall conduct a periodic health human resource development/management study into,
among others, the following areas;

(a) adequacy of facilities and supplies to render quality health care to patients and other
client population;
 (b) opportunity for health workers to grow and develop their potentials and experience a
sense of worth and dignity in their work. Public health workers who undertake postgraduate
studies in a degree course shall be entitled to an upgrading in their position or raise in pay:
Provided, That it shall not be more than every two (2) years;

(c) mechanisms for democratic consultation in government health institutions;

(d) staffing patterns and standard or health care to ensure that the people receive-quality
care. Existing recommendations on staffing and standards of health care shall be immediately
and strictly enforced;

(e) ways and means of enabling the rank-and-file workers to avail of education opportunities
for personal growth and development;

(f) upgrading of working conditions, reclassification positions and salaries of public health
workers to correct disparity vis-a-vis other professions such that positions requiring longer study
to upgrade and given corresponding pay scale; and

(g) assessment of the national policy on exportation of skilled health human resource to
focus on how these resources could instead be utilized productivity for the country’s needs.

There is hereby created a Congressional Commission on Health (HEALTHCOM) to review and

assess health human resource development, particularly on continuing professional education
and training and the other areas described above. The Commission shall be composed of five
(5) members of the House of Representatives and five (5) members of the Senate. It shall be
co-chaired by the chairperson of the Committee on health of both houses. It shall render a
report and recommendation to Congress which shall be the basis for policy legislation in the
field of health. Such a congressional review shall be undertaken once every five (5) years.

SEC. 35. Rules and Regulations. - The Secretary of Health after consultation with appropriate
agencies of the Government as well as professional and health workers’ organizations or
unions, shall formulate and prepare the necessary rules and regulations to implement the
provisions of this Act. Rules and regulations issued pursuant to this section shall take effect
thirty (30) days after publication in a newspaper of general circulation.

SEC. 36. Prohibition Against Double Recovery of Benefits. - Whenever other laws provide for
the same benefits covered by this Act, the public health worker shall have the option to choose
which benefits will be paid to him/her. However, in the event that the benefits chosen are less
than that provided under this Act, the worker shall be paid only the difference.

SEC. 37. Prohibition Against Elimination and/or Diminution. - Nothing in this law shall be
construed to eliminate or in any way diminish benefits being enjoyed by public health workers at
the time of the effectivity of this Act.
SEC. 38. Budgetary Estimates. - The Secretary of health shall submit annually the necessary
budgetary estimates to implement the provisions of this Act in staggered basis of
implementation of the proposes benefits until the total of Nine hundred forty-six million six
hundred sixty-four thousand pesos (P964,664,000.00) is estimated within five (5) years.

Budgetary estimates for the succeeding years should be reviewed and increased accordingly by
the Secretary of Health in consultation with the Department of Budget and Management and the
Congressional Commission on Health (HEALTHCOM).

SEC. 39. Penal Provision. - Any person shall willfully interfere with, restrain or coerce any public
health worker in the exercise of his/her rights or shall in any manner any act in violation of any
of the provisions of this Act, upon conviction, shall be punished by a fine of not less than Twenty
thousand pesos (P20,000.00) but not more than one (1) year or both at the discretion of the
court.

If the offender is a public official, the court, in addition to the penalties provided in the preceding
paragraph, may impose the additional penalty of disqualification from office.

SEC. 40. Separability Clause. - If any provision of this Act is declared invalid, the remainder of
this Act or any provision not affected thereby shall remain in force and effect.

SEC. 41. Repealing Clause. - All laws, presidential decrees, executive orders and their
implementing rules, inconsistent with the provisions of this act are hereby repealed, amended or
modified accordingly.

SEC. 42. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least
two (2) national newspapers of general circulation.

Approved: March 26, 1992.